People v. Kusk

Michigan Supreme Court

People v. Kusk

879 N.W.2d 253, 499 Mich. 933

CourtMichigan Supreme Court

DecidedMay 25, 2016

DocketNo. 153315; Court of Appeals No. 324107

StatusPublished

Cited by1 cases

This text of 879 N.W.2d 253 (People v. Kusk) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Kusk, 879 N.W.2d 253, 499 Mich. 933 (Mich. 2016).

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Opinion

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals. As noted by dissenting Judge Michael J. Kelly, the defendant’s attorney did not perform ineffectively at trial by failing to request a self-defense jury instruction. There was testimony that the defendant was the initial aggressor; thus, counsel may have [934]*934made a legitimate strategic decision that self-defense was not a viable defense theory. See People v Riddle, 467 Mich 116 (2002). The defendant’s trial counsel pursued a theory focused on arguing the defendant’s innocence of the felony charges of felonious assault and felony-firearm. This strategy was successful in that the defendant was acquitted of these offenses and was convicted only of the misdemeanor offense of domestic assault. MCL 750.81(2). This was a legitimate trial strategy. See Florida v Nixon, 543 US 175, 185-192; 125 S Ct 551; 160 L Ed 2d 565 (2004); People v Wise, 134 Mich App 82, 97-99 (1984). We reinstate the defendant’s conviction and sentence.

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Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals. As noted by dissenting Judge Michael J. Kelly, the defendant’s attorney did not perform ineffectively at trial by failing to request a self-defense jury instruction. There was testimony that the defendant was the initial aggressor; thus, counsel may have [934]*934made a legitimate strategic decision that self-defense was not a viable defense theory. See People v Riddle, 467 Mich 116 (2002). The defendant’s trial counsel pursued a theory focused on arguing the defendant’s innocence of the felony charges of felonious assault and felony-firearm. This strategy was successful in that the defendant was acquitted of these offenses and was convicted only of the misdemeanor offense of domestic assault. MCL 750.81(2). This was a legitimate trial strategy. See Florida v Nixon, 543 US 175, 185-192; 125 S Ct 551; 160 L Ed 2d 565 (2004); People v Wise, 134 Mich App 82, 97-99 (1984). We reinstate the defendant’s conviction and sentence.

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Bluebook (online)

879 N.W.2d 253, 499 Mich. 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kusk-mich-2016.

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